What If the Other Driver's Insurance Company Calls Me After a Car Accident in Massachusetts?

If you've been injured in a car accident in Framingham, Natick, Wellesley, or anywhere else in the MetroWest Boston area, it may not be long before you receive a call from the other driver's insurance company. The person calling is typically a claims adjuster or insurance representative. They may sound friendly, professional, and even sympathetic, but it's important to remember that they work for the insurance company, not for you. Before answering any questions or discussing the accident, there are a few important things every injured driver in Massachusetts should know.

First, you are under no legal obligation to speak with the other driver's insurance company. You have every right to politely decline the call, and there is nothing the insurance company can do to force you to speak with them. In many cases, it's in your best interest to let an experienced Massachusetts car accident attorney handle all communications with the insurance company on your behalf.

Why Is the Other Driver's Insurance Company Calling Me?

It's important to understand who that adjuster actually works for and it isn't you. The other driver's insurance company is a business, and like any business, its goal is to protect its bottom line. That means their representative's job is to either minimize how much they have to pay out on your claim, or to find a way to deny your claim altogether.

That call that seems like routine fact-gathering is, in reality, a carefully designed conversation. Adjusters are trained to ask questions in a way that can be used later to dispute your version of events, downplay your injuries, or shift blame onto you. Even a simple, polite answer like “I'm feeling okay” or “I didn't see the other car” can end up being used against you weeks or months later when you're trying to recover fair compensation for your medical bills, lost wages, and pain and suffering.

What Should I Do If They Call?

You don't need to be rude or combative. In fact, staying calm and courteous is always the right approach. But being polite doesn't mean you have to answer their questions. Here's what we recommend if the other driver's insurance company reaches out to you:

• Be polite, but firm. You can thank them for calling and let them know you're not able to discuss the accident at this time.
• Do not give a recorded statement. Adjusters will often ask, “Do you mind if I record this call?” You are not required to say yes and you shouldn't.
• Do not discuss fault. Even a passing comment like “I might have been going a little fast” can be twisted into an admission of liability.
• Do not discuss your injuries or medical treatment. Injuries from car accidents, especially soft tissue injuries, whiplash, and concussions can take days or weeks to fully present. Telling an adjuster you “feel fine” right after the crash can be used to argue your injuries aren't related to the accident.
• Do not accept any settlement offer. Insurance companies sometimes try to make a quick, lowball offer before you've even seen a doctor or understood the full extent of your damages. Once you accept, you typically give up your right to ever ask for more even if your injuries turn out to be far more serious than expected.
• Do not discuss settlement at all. Even casual conversation about “what it might take to resolve this” can be used to anchor negotiations at a number far below what your claim is actually worth.

What About My Own Insurance Company?

Your own auto insurer is a different story. Massachusetts auto insurance policies require you to cooperate with your own carrier, particularly for PIP (Personal Injury Protection) benefits. But even when speaking with your own insurance company, it's wise to keep statements factual and brief, and to consult a personal injury lawyer before giving any recorded statement, especially if you've been injured. There is always a chance that you may need to pursue an Uninsured or Underinsured claim with your own insurance company.

Why You Shouldn't Try to Handle This Alone

Massachusetts car accident cases involve more than just a simple conversation with an insurance company. There are strict deadlines, complex comparative negligence rules, PIP coordination requirements, and health insurance/medical lien issues that can all affect how much money ends up in your pocket. Insurance adjusters know the system inside and out and they negotiate claims like yours every single day. You shouldn't have to go up against that experience on your own, especially while you're trying to recover physically.

An experienced Massachusetts car accident attorney can step in immediately, communicate with the other driver's insurance company on your behalf, and make sure nothing you say is ever used to undervalue or deny your claim.

Talk to Attorney Pappas Before You Talk to the Insurance Company

Attorney Chuck Pappas represents injured drivers, passengers, and pedestrians throughout the MetroWest Boston area, including Framingham, Natick, Wellesley, Marlborough, and Ashland. If the other driver's insurance company has already called you or you're worried about what to say when they do reach out to him first by calling (508) 879-3500 or contact Attorney Pappas online.

Attorney Pappas and his team handles car accident cases on a contingent fee basis, which means there's no money out of your pocket to get started, and you pay nothing in attorney's fees unless we recover compensation for you. There's no financial risk in simply picking up the phone and asking questions. Let us deal with the insurance company so you can focus on healing.